The Dean of the University of Professional Studies, Accra (UPSA) Law School, Ernest Kofi Abotsi, has clarified that the Supreme Court may not have the authority to override decisions made by the Speaker of Parliament on matters within the Speaker’s jurisdiction.
Speaking on Joy FM’s Super Morning Show, Prof. Abotsi emphasized that the Speaker has the constitutional mandate to make determinations concerning internal parliamentary procedures, and that the Supreme Court’s role is restricted to assessing whether or not the Speaker has acted within his legal powers.
“The person who has the authority to make such factual determination is the Speaker. So it may not even lie in the mouth of the Supreme Court to second guess the Speaker,” he explained. “This is because this constitutes an internal happening in Parliament of which the Speaker would have to make those determinations over a House he presides,” Prof. Abotsi told co-host Kojo Yankson on Friday.
His comments follow a recent injunction application filed by Minority Leader Alexander Afenyo-Markin at the Supreme Court. Afenyo-Markin sought to halt an action by Tamale South MP, Haruna Iddrisu, over the status of four Members of Parliament. However, despite the legal challenge, Speaker Alban Bagbin declared the seats of these MPs vacant on Thursday, citing their defection to contest as Independent candidates in the upcoming election.
Afenyo-Markin has since announced that the New Patriotic Party (NPP) Caucus will boycott parliamentary proceedings until the Supreme Court delivers a ruling on the matter.
Prof. Abotsi further noted that the apex court cannot interfere in routine parliamentary procedures when the Speaker is acting within his powers. “What the Supreme Court can do is to question whether or not the circumstances for the exercise of the power have reason or whether or not he has exceeded his Speakership powers,” he clarified.
Speaker Bagbin’s ruling, which affected MPs Cynthia Morrison (Agona West), Kwadjo Asante (Suhum), Peter Kwakye Ackah (Amenfi Central), and Andrew Asiamah (Fomena), has caused a shift in parliamentary power. The opposition National Democratic Congress (NDC) now holds 136 seats compared to the NPP’s 135, making the NDC the majority caucus in Parliament